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OceanParadise.com - ISP Access Service Agreement
This is a contract between
you (hereinafter
referred to as the Subscriber) and OceanParadise.com.
OceanParadise.com may include, ISParadise.com, the corporation, affiliates,
subsidiaries, employees, contractors, officers, or directors
for OceanParadise.com (hereinafter referred to as THE ISP.)
1.
Introduction
I understand and agree that, subject to the terms and conditions of this
Agreement, and the policies referenced herein, (the ISP) shall provide me (the
Subscriber) through its own equipment and Network or through other contracted
companies, with certain Internet access and/or web site hosting services (hereinafter
referred to as the
Connection). By accessing the Internet through the (Connection), I understand
that I, and/or any person using my login identification (Authorized Users)
explicitly and implicitly accept the terms and conditions contained in this
Internet Access Agreement (the Agreement) and I agree to be bound thereby. I
UNDERSTAND THAT (the ISP) RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY
TIME, FOR ANY REASON.
2. Provision of
Services/Access/SPAM
I understand and agree that I am fully responsible for the use of the
(Connection) by me or by anyone whom I permit to use my account, and that (the
ISP) reserves the right to terminate my account at any time, for any reason.
(The ISP) will provide me and my authorized users analog or digital access to
the Internet, depending upon the rate plan selected, subject to conditions
generally beyond the control of (the ISP), including, but not limited to, the
type and condition of the equipment (personal computer, modem, etc.) I have. I
understand that simultaneous, multiple logins under the same login
identification are not allowed and will result in immediate termination of
account and loss of balance and deposit. I
understand that (the Connection) may be temporarily unavailable or limited
because of capacity limitations and may be temporarily interrupted or curtailed
due to equipment modifications, upgrades, relocations, repairs, and similar
activities necessary for the proper operation of (Connection), as well as
conditions of the Internet beyond (the ISP)’s control.
The distribution of SPAM, or illegal use of any kind, from your account
will result in the immediate termination of the account, loss of any balance and
deposits and possible criminal charges if State laws apply.
I understand that I (the Subscriber) or anyone whom I permit to use my
account will be liable for any charges, penalties, and or expenses for
distributing SPAM, or for illegal use of any kind, while using the (Connection)
provided by (the ISP.)
3. Subscriber Obligations
a) I understand that I am responsible for determining whether a (Connection)
phone number is within my local calling area, and for any long distance charges
I may incur in connecting to the Internet through the (the ISP) provided
(Connection).
b) I understand that I may cancel my account at any time, and that I am
responsible for the entire rate period in which I paid, in addition to any
additional usage charges accrued though the day I cancel. A refund of any
monthly service payments will be made only if (Connection) service can no longer
be provided. If a deposit has been
paid, and has not been forfeited by (the Subscriber) for improper use or
termination of account, it will be refunded within 30 business days of receiving
electronic or written notice of account cancellation.
c) I understand that (the ISP) may change its prices from time to time, and that
I will be provided with at least 30 days written or electronic mail notice of
any such changes.
d) I understand that I can not use or permit other users to use the (Connection)
in ways:
i) that are unlawful; or ii) infringe the rights of others; or iii) interfere
with users of (the ISP’s) contracted (Connection) or other (Connections); or
iv) infringe upon the copyrights, trademarks or other intellectual property
rights of others; or v) otherwise violate the policies referenced in this
Agreement; or vi) that will collect information, for the purpose of competing
with (the ISP), or for any other reason.
e) I understand that
I must comply with U.S. export laws concerning the transmission of technical
data and other regulated materials via the (Connection) (i.e., data encryption
software).
4. Security/Privacy
I understand that the information available through (the ISP's) (Connection) or
other interconnecting (Connection) may not be accurate, including the content
displayed on my PC’s desktop. I understand that Internet communications are
not secure, and may be subject to interception or loss. I understand that (the
ISP) makes no warranties of any kind, whether expressed, implied, or statutory
concerning either the security of data and/or information or its accuracy
available through the (the ISP) (Connection), or other interconnecting
(Connection). (The ISP) will not
use, sell, or distribute your personal or email information or your Internet
usage to any company, organization, person or agency and is not responsible if
that information is used without (the ISP’s) knowledge.
5. Term and Termination
I agree that this Agreement becomes effective upon registration of my login
identification name and shall remain in effect for the period indicated in the
rate plan selected or until terminated as provided in this Agreement.
I understand that (the ISP) reserves the right to terminate my account at
any time, for any reason, including, but not limited to, my failure to abide by
the terms of this agreement or my failure to pay any fees or charges when due.
If my account is deactivated, I understand that I may be required to pay a $20
reactivation charge and a prepaid deposit in order to reactivate my account. If
my account remains inactive for a period exceeding thirty days (30)
consecutively, I understand my account may be deleted. If my deleted account
includes content stored on (the ISP’s) servers, anything stored therein will
also be deleted. I understand that violation of certain generally accepted
guidelines on Internet usage, such as restrictions on mass e-mailings and mass
advertising, or posting to inappropriate newsgroups, may cause severe operating
difficulties for (the ISP), and would likely be a cause for termination of my
account. I agree to abide at all times by (the ISP’s) then-current Usage
Policies.
6. Pricing/Payments/Credits
I understand that (the ISP’s) monthly billing cycle will begin on the date
indicated to me at Account Setup time and will continue from then on based on
the rate plan selected. I agree and understand that I will pay in advance
for each month that I require service, along with additional usage fees, if any,
from the previous month. I agree that all charges are considered valid unless
disputed in writing within thirty days of the date billed. I understand and
agree that (the ISP) shall not be responsible for any charges or expenses that I
may incur resulting from overdrawing my bank account or exceeding my credit card
limit as a result of an automatic charge generated by (the ISP) pursuant to this
authority. I understand there shall be no credits, reductions, or setoffs
against the charges for service for downtime or interruption of Service. I
understand there will be no prorating for Service in either the first or last
months of Service.
7. Disclaimer And Limitation Of Liability
I understand that the use of my (the ISP) account, and any data or information
accessed using that account, will be completely at my own risk. I understand
that the cumulative liability of (the ISP) for any and all claims relating to
the services provided by (the ISP), in contract, tort, or otherwise, shall not
exceed that total amount of the basic service fees paid to (the ISP) for
services within the preceding twelve months. I agree that (the ISP) shall have
no liability for any consequential, indirect, special or incidental damages
regardless of the success or effectiveness of other remedies.
(The ISP)
SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR
SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR
SHALL (the ISP) BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY
SUBSCRIBER’S OR ITS AUTHORIZED USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES
(the ISP) FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE (CONNECTION).
(The ISP)’S PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE
OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR
OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.
(The ISP) SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR
SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER’S OR IT’S USERS’
EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO
EVENT SHALL (the ISP) BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS
OR BUSINESS OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY OF (the
ISP) FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL
BE LIMITED TO AN AMOUNT NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE
FEES PAID TO (the ISP) FOR SERVICES WITHIN THE PRECEDING TWELVE MONTHS. (the
ISP) MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED,
CONCERNING THE (CONNECTION), AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A
PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER
WARRANTY IMPLIED BY LAW.
8. Law And Jurisdiction
I understand and agree that the laws of the State of Florida govern this
Agreement and my (Connection) account. I expressly agree that exclusive
jurisdiction for any claim or dispute with (the ISP) relating in any way to my
account, or my use of (the Connection) resides in the courts of Florida. I
further agree and expressly consent to the exercise of personal jurisdiction in
the courts of Florida in connection with any such dispute, including any claim
involving (the ISP) or its affiliates, subsidiaries, employees, contractors,
officers, or directors.
9. Indemnity
I agree to defend, indemnify and hold (the ISP) and its affiliates harmless from
any and all liabilities, costs, and expenses, including reasonable attorneys’
fees, related to or arising from, any violation of this agreement by me or those
who access the (Connection) through my account, or the use of the (Connection)
or the Internet whether or not I have knowledge of or have authorized such
access or use, including, without limitation, spamming, hacking, claims for
libel, slander, invasion of privacy, harassment, infringement of copyright,
patent infringement, or other tortuous behavior. I agree to indemnify (the ISP)
along with any parties from whom (the ISP) obtains (Connection) services, and to
hold them harmless from any claims resulting from the use of the (Connection) by
me, or any authorized users that damage another party or that violate the law.
10. Complete Agreement/Amendments
This agreement, when read in conjunction with the then-current published (the
ISP) Acceptable Usage Policies (incorporated herein by reference as if fully set
out) represents the complete agreement between (the ISP) and myself with respect
to the subject matter of this Agreement, and supersedes any other written or
oral agreement. I understand and agree that (the ISP) may amend or modify this
agreement and/or the (the ISP) Acceptable Usage Policies, or impose new
conditions at any time. Any use of (the ISP’s) (Connection) subsequent to any
changes or amendments shall be deemed to constitute acceptance by me of the
then-current service agreement (including any amendments, modifications or new
conditions) as published and made available via a link on the (the ISP) Access
home page.
11. ISP Disconnect Policy
(The ISP) reserves the right to disconnect a dial-up account after 15 minutes of
inactivity, as detected by (the ISP) through electronic means. This time is
approximate and subject to change without notice in (the ISP’s) sole
discretion. Electronic or mechanical means to avoid an inactivity disconnect are
strictly prohibited. Electronic or mechanical means include, but are not limited
to, "pinging" the mail server, employing electronic or software
AutoDial features to maintain an active connection or repeatedly checking for
e-mail by auto login to the mail server. (The ISP) reserves the right to
electronically audit connections to enforce the above requirements.
(The ISP) reserves the right to disconnect a dial-up account after 4 hours of
continuous connect time. This time is approximate and subject to change without
notice in (the ISP)’s sole discretion. (The ISP) reserves the right to
electronically audit connections to enforce the above requirements.
12. Setup Fee/
Deposit/Refund
(The ISP) may
require any Subscriber to pay a Setup Fee of $20 upon registration of any new
account. The Setup Fee is a
one-time charge, unless (the Subscriber) account becomes disconnected for any
reason, at which time a Setup Fee may be required to activate account.
A deposit may be required by (the ISP) at any time, for any reason.
The deposit will be redeemed for monthly service, based on the rate plan
that (the Subscriber) selected, after 1 year of uninterrupted service, unless
(the Subscriber) cancels the contract, at which time (the ISP) will return the
deposit only, within thirty (30) business days. (The ISP) offers no refund of monthly service payments or
Setup Fees, for any reason.
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By clicking the link below you are stating that you understand and agree
to all Terms and Conditions in this agreement and you also understand and agree
to abide by the Acceptable Use Policy Agreement provided with this contract.
I agree with the Terms of Service and Acceptable Use Policy
and wish to continue